Annexure -A Wing Policy... · 2013. 8. 21. · 4.2 Permissions granted for moveable communication...

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Annexure -A

GOVERNMENT OF HARYANA.

Communication & Connectivity Infrastructure Policy-2013

ELECTRONICS & INFORMATION TECHNOLOGY DEPARTMENT.

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Table of Contents

Sr. No. Description Page No.

1. Preamble 2

2. Eligibility to apply 2

3. Permission on Non-Exclusive Basis 3

4. Validity of Permission 3

5. Submission of Applications 4

6. Processing of Application 5

7. Time-lines for decisions on the Applications 6

8. Time-lines to complete the work 6

9. Charges for grant of permissions for Right of Way (RoW)/Right of Use (RoU) and associated Infrastructure

7

10. Compliance of Technical standards and Safety conditions 7

11. Communication Infrastructure laid/installed without permission

7

12. Indemnity Bond 8

13. Other terms and conditions 8

14. Revision of the existing rules/guidelines by the respective Departments

8

15. Changes in the Policy 10

16. Additional Corporate Social Responsibility (CSR) initiatives 10

Appendix 1 Documents required to be attached with the Application 11-13

Appendix 2 Schedule of Charges 14-17

1. Location of Ground Based Mast (GBM)/ Communication/ Mobile Towers

18 - 19

2. Technical parameters to be followed by the Applicant while laying the cables (over-ground and underground), erecting of Poles/ Dish Antennas / Ground Based Masts/ Mobile & Communication Towers

19 - 21

Appendix 3

3. Other terms & conditions to be adhered by the applicant while laying the cables (over-ground and underground), erecting of Poles / Dish Antennas / Ground Based Masts/ Mobile & Communication Towers

21 - 24

Appendix 4 An illustrative list of additional facilities as part of the CSR 25

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1. Preamble

1.1 Haryana is among the first few States to have established core IT infrastructure

to facilitate the e-enablement of life and work. In order to strengthen this core

Information and Communication infrastructure, the State intends to further

facilitate effective transformation of the socio-economic scenario through

accelerated equitable and inclusive economic growth by encouraging provision

of quality infrastructure for connectivity & telecommunication services across

the State, especially in the rural and remote areas of the State in a uniform and

time bound manner.

1.2 Keeping in view the renewed requirements of the State along side the latest

Information and Communication Technology (ICT) developments and the need

to ensure that the access to and benefits of ICT percolate to urban & rural

masses amid the changing economic environment, the State Government has

decided to revise its existing Right of Way (RoW) Policy, 2000 (amended vide

No. 2/286/1840 dated 08-10-2003) and replace the same with this ‘Policy for

Provision of Infrastructure for Communication & Connectivity in Haryana’.

1.3 This Policy seeks to encourage the use of latest technology advancements in

the telecom sector such as Fibre to the Home (FTTH) and innovative business

models such as the Open Access Network (OAN) where physical access to the

network is separated from the delivery of services. It provides a futuristic

roadmap for creation of an enabling infrastructure through pre-laid OFC with

sufficient bandwidth in proper ducts as part of the development infrastructure

so as to allow multiple service providers to use the same infrastructure on

sharing basis rather than the clamour for space by multiple infrastructure

providers on individual basis.

2. Eligibility to apply:

Any telecom infrastructure provider registered with the Department of

Telecommunications, Government of India or any telecom services provider

licensed from the Department of Telecommunication, Government of India or

an infrastructure provider duly authorised by a licensee to lay the

communication and connectivity infrastructure (hereinafter called as the

‘Applicant’) is eligible to seek permissions under this policy to lay Optic Fibre

Cable (OFC), erect Ground Based Masts (GBMs), Mobile and Communication

Towers within the areas of Urban Local Bodies, Gram Panchayats, statutory

authorities like the Haryana Urban Development Authority (HUDA) and the

Haryana State Agriculture Marketing Board (HSAMB), or other State Agencies

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such as the Haryana State Industrial & Infrastructure Development Corporation

(HSIIDC) and the land belonging to State Government Departments like Public

Works Department (Building & Roads), Forests, Irrigation, Revenue,

Agriculture, Development & Panchayat etc.

3. Permission on Non-Exclusive Basis

3.1 Permission for Right of Way (ROW) or Right of Use (RoU) and installation of the

associated infrastructure shall be provided to an eligible Applicant (whether

existing or future) desirous of establishing underground communication

infrastructure, dish antennas, erection of GBMs, mobile towers and

communication towers, and poles for laying over-head cables on a Non-

Exclusive Basis under this policy. However, given the space constraints for RoW

for multiple service providers in any specific area, the principle of first mover

advantage would operate and the subsequent entrant, if any, may need to

share the infrastructure capacity already laid by first-moving service provider.

3.2 The concerned State Agencies or private developers are advised to earmark a

pre-defined route alignment along the internal road circulation network as per

the required specifications (with or without a duct) as part of their

development works for laying of the communication infrastructure so as to

avoid repeated digging and/or to facilitate the infrastructure providers seeking

permissions to lay the cables in future. The State development agencies are

encouraged to provide for ducts and lay the OFC with sufficient bandwidth

capacity/ redundancy as part of their development plans, which may be leased

out to operators/ service providers on a recurring charge basis. The modalities

with regard to the technology, specifications and applicable dues for use of the

duct, if any, shall be worked out separately.

4. Validity of Permission

4.1 The permissions for Right of Way (RoW) or Right of Use (RoU) for laying the

communication infrastructure and associated installations may be granted for

the period applied for, as may be prescribed in the license/ authorisation by

the competent authority, subject to a maximum of 20 years. This period would

be further co-terminus with the period of lease (for land or/and building)

entered into between the Applicant/Operator and the Landowner.

4.2 Permissions granted for moveable communication Towers shall be co-terminus

with the period of that event or maximum three months against a specific

requirement to provide communication facility to public at large subject to

fulfilment of all the conditions laid in this policy for communication Towers.

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4.3 Permission(s) granted to the applicant company under this policy will not be

transferable and will be applicable only for the period for which it has been

granted.

4.4 The permission granted under the Policy shall not, in any manner, be deemed

to convey to the Applicant/ Service Provider any ownership or perpetual rights

in respect of the land or structures used for laying the underground/overhead

cables or other installations e.g. any Towers/ Masts etc. other than what is

therein expressly granted.

4.5 In case of violation of any terms and conditions, the Competent Authority shall

cause a notice to be served upon the Service Provider to rectify the violation

within the period specified and grant an opportunity of hearing. Where the

service provider either does not respond to the show cause notice or fails to

carry out the requisite rectification within the time specified (which shall be a

reasonable time), the Competent Authority may revoke or cancel the

permission granted earlier. Where the competent authority is compelled to

revoke or cancel the permission, the Service Provider applicant shall not be

entitled for any compensation or any loss caused to it by such cancellation.

5. Submission of Applications

5.1 All applications for seeking permission of any competent authority to lay the

communication infrastructure, shall be submitted by the Applicant

Infrastructure provider/ Service Provider, along with all the particulars and

documents specified in Appendix-1, to the designated nodal officer of the

concerned State Government Department/ Statutory Authority/ State Agency

under whose jurisdiction the area falls.

5.2 In so far as possible, any scheme for laying of overhead cables on poles

specifically erected for the purpose would be discouraged as the same tends to

interfere with the overhead electricity distribution system apart from

disturbing the aesthetics of the eco system.

5.3 Incomplete applications shall not be processed and shall be rejected out-

rightly.

5.4 Each Department/ Statutory Authority/ State Agency shall appoint a Nodal

Officer within a period of 15 days of the notification of this Policy, to receive

and process the applications in this behalf. The particulars and contact details

of such Nodal Officer shall be published on the website of such Department/

Statutory Authority/ State Agency along with his/ her contact details.

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6. Processing of applications:

6.1 Each application shall be duly scrutinized by the concerned designated nodal

officer who may seek such additional information from the Applicant Service

Provider/ Operator, as may be considered necessary for scrutiny of the

application. While processing the said application, the concerned authority

shall take into consideration not only the existing infrastructure services and

their safety and operations but also future requirements of widening of the

roads or augmentation of services. In case the proposed route alignment

interferes with any services already laid, and it is feasible to relay/ re-align

such services at the cost of the Applicant or the Applicant offers to undertake

such realignment at his cost to the satisfaction of the competent authority, the

same may be considered and allowed.

6.2 Once the concerned State Government Department/ Statutory Authority/ State

Agency is satisfied with the proposed alignment route/ site or such route is

determined and finalized through mutual agreement and the time schedule in

which the work is proposed to be executed/ completed, a Letter of Intent

(LoI), along with the Agreement to be executed in this behalf, and (ii) Demand

Notice for various charges including the performance Bank Guarantee, shall be

issued to the Applicant by the concerned Nodal Officer of the State

Government Department/ Statutory Authority/ State Agency.

6.3 The Applicant is required to submit the refundable performance Bank

Guarantee as a security for satisfactory restoration of the sites/ area and such

other fees as specified in Appendix-2 of this policy and to execute an

Agreement with the concerned State Government Department/ Statutory Body/

State Agency within 15 days from the date of issue of the Letter of Intent.

6.4 Upon issue of the LoI, the Applicant shall be expected to furnish the

Agreement, along with all the applicable charges to the Nodal Officer within a

period of 15 days. However, such documents may be accepted by the Nodal

Officer up to a maximum period of 60 days from the date of issue of the LoI.

6.5 As soon as the LoI holder completes the documentation and deposits all the

relevant charges, including the performance Bank Guarantee, the Nodal Officer

of the concerned Department/ Statutory Authority/ State Agency shall issue a

formal permission in favour of the Applicant so as to enable the Applicant

Service Provider/ operator to commence execution of related infrastructure

works.

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7. Time-lines for decisions on the Applications:

7.1 The State Government Departments/ Urban Local Bodies/ Statutory

Authorities/ other Agencies will adhere to the following time-lines for grant of

the relevant permissions:

Sr. No.

Event No. of Working days

(i) Processing of applications and seeking of additional information, if any, from the date of receipt of complete application;

30 days

(ii) Issue of LoI or rejection of application along with reasons thereof;

15 days

(iii) Compliance of the LoI conditions (para 6.4) 15 days subject to a maximum of 60 days

(iv) Execution of Agreements and issue of formal permission.

15 days from the date of receipt of papers from the LoI holder

7.2 The Government Departments/ Statutory Authorities/ State Agencies are

expected to issue their respective Standing Orders in this behalf prescribing the

appropriate delegations in a manner so as to ensure adherence to the

prescribed time-lines.

8. Time-lines to complete the infrastructure works

8.1 The Applicant Infrastructure/ Service Provider shall be required to submit the

time-frame within which it plans to execute the infrastructure works. The said

plan may provide stretch-wise completion schedule, along with the complete

plan. It shall make its best efforts to complete the execution of works within

the time-frame indicated in the application.

8.2 During the execution of related infrastructure works, the Applicant shall ensure

that no inconvenience is caused to the general public in the process of carrying

out its operations. If found necessary, the competent authority may direct the

Applicant to undertake execution of its works during the off-peak hours or

during the night times.

8.3 The Applicant shall keep the Nodal Officer of the Department/ Authority/

Agency duly informed about the progress on a monthly basis, which may be

reviewed at regular intervals between the parties.

8.4 Wherever the Applicant is found to be casual or non-serious about timely

execution of the related works, the competent authority may revoke the

permission granted after grant of an opportunity of hearing to the Applicant’s

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authorised representative. However, where the Applicant’s representative is

able to establish that any such delay is for reasons beyond their control, the

Competent Authority may extend the execution period and allow the work to

be completed within the mutually agreed time-frame.

9. Charges for grant of permissions for the Right of Way (RoW)/ Right of Use (RoU) and associated infrastructure etc.

With the exception of M/s Bharat Broadband Network Limited (BBNL) in respect

of payment of RoW/ RoU charges, every Applicant shall be required to pay (i)

the RoW/ RoU permission charges, (ii) lease charges for the Land used for its

purposes, and (iii) furnish the performance Bank Guarantee as a refundable

security for restoration of sites as per the details specified in Appendix - 2 of

this policy.

10. Compliance of Technical Standards and Safety conditions:

10.1 The Applicant Infrastructure/ Service Provider shall execute the

communication and connectivity infrastructure works strictly as per the

technical standards and parameters specified in Appendix -3 of this policy.

10.2 Notwithstanding the details specified in Appendix-3, the Applicant shall, in the

course of execution of its works and maintenance thereof thereafter, at all

times, adhere to all the safety standards applicable as per relevant guidelines

of the Government of India/ State Government. Further, the applicant shall

ensure that the system laid or the infrastructure created by him (e.g. Ground

Based Masts/ Mobile/Communication Towers etc.) at all times conform to the

EMF radiation norms as prescribed by the Department of Telecom, Government

of India or the Telecom Regulatory Authority of India, as the case may be,

from time to time.

10.3 No GBM or Tower Structures shall be allowed to be installed by any Applicant/

Service/ Infrastructure Provider unless a Structure Stability/ Safety Certificate

(SSC) is obtained from one of the institutes (a) any of the IITs, (b) PEC

University of Technology, Chandigarh (c) National Institute of Technology,

Kurukshetra (d) Central Building Research Institute (CBRI) Roorkee or (e) any

such reputed Institution/or Institute mentioned in Rule 38 (xxix-a) of Rules

1965.

11. Communication Infrastructure laid/ installed without permission

11.1 From the date of the notification of this policy, if any communication

infrastructure has already been installed for which either permission has not

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been applied for or not granted by the competent authority, the

Infrastructure/ Service provider shall be required to apply for the same with in

a period of 90 days to get such unauthorised action compounded, for which he

shall be liable to pay a compounding fee, which shall be calculated @ 50% of

the applicable charges as specified in Appendix-2 of this policy, subject to the

condition that such communication infrastructure fulfils the conditions

prescribed in this policy. Wherever any rectifications are required in this

process, he may be permitted a reasonable time to undertake such

rectifications.

11.2 If the infrastructure/service provider neither apply and/nor remove the

communication structure, the infrastructure provider/cellular operator would

be called upon to show cause as to why action should not be taken against

them as per Law. If the infrastructure provider/ operator/ service provider

fails to show cause or take corrective measures, the competent authority will

proceed to get the unauthorized communication structure removed at the

expense of such infrastructure/ service providers/ operators after having

exhausted all the available opportunities to effect the show causes besides

taking action as per law.

12. Indemnity Bond

The Applicant Infrastructure provider/ licensee/Operator shall indemnify the

Government and any of its agencies against any loss of life or property in the

process of execution of works or against any claims thereafter during the

period of Operation & Maintenance of such infrastructure at all times. The

Applicant shall submit the Indemnity Bond on a non-judicial stamp paper of Rs.

100/- denomination, duly attested by the competent authority.

13. Other terms and conditions:

13.1 This policy shall take effect from the date of its Notification and shall be

applicable for all proposals/ requests that are pending decisions as on such

date.

13.2 The applicant infrastructure/service provider/ operator shall ensure that each

of the sites of the infrastructure systems, such as GBMs/ Towers or any other

structure, for which permissions have been granted, are easily approachable

for maintenance and operation.

14. Revision of the existing Statutes/ rules/ guidelines by the respective Departments:

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14.1 Following sets of rules/ bye-laws/ policies/ guidelines have been issued on the

subject by the respective departments/ agencies:

(i) Haryana Municipal (communication, cables, erection of dish antenna),

Bye-Laws 2007 and Haryana Municipal (communication, cables, erection

of dish antenna) Amendment, Bye-Laws 2008 notified by Urban Local

Bodies Department vide No. S.O. 88/ H.A.24/ 1973/Ss.200 and

214/2007 dated 31.10.2007 and S.O. 52/ H.A.24/ 1973/ Ss.200 and

214/2008 dated 09.06.2008 respectively ;

(ii) Haryana Municipal Corporation (Erection of Communication Towers)

Bye-Laws 2009 and Haryana Municipal (Erection of Communication

Towers) Bye-Laws notified by Urban Local Bodies Department vide No.

3/7/2003-R(1) dated 11.11.09 and No. 3/7/2003-R1(2) dated 11.11.09

respectively.

(iii) Haryana Panchayati Raj (Regulation of Communication Towers) Rules,

2012 framed and Notified by the Development & Panchayat Department

vide Notification bearing No. S.O. 56/ H.A. 11/1994/S.209/2012 dated

20.07.2012.

(iv) Policy for setting-up of communication towers by private operators as

notified by Haryana Urban Development Authority vide No. CTP/DTP

(BP) 5466-69 dated 20.08.04 and Amendment vide No. CTP/DTP(BP)

6228-6231 dated 24.09.04.

(v) Policy for setting up of mobile towers in the controlled areas issued by

Town & Country Planning Department, Haryana vide No. 7/19/ 2012 -

2TIP dated 13.01.2012;

14.2 All the concerned Government Departments/ Statutory Authorities/ Agencies

shall undertake suitable and appropriate amendments/ revisions in their

respective statutes/ rules/ byelaws so as to bring the same in conformity with

this policy within a period of 30 days of the notification of this Policy.

14.3 In so far as Policy guidelines issued by HUDA or the Town & Country Planning

Departments are concerned, the same shall stand subsumed in this policy from

the date of its Notification.

14.4 The existing service providers, having availed the benefit of free Right of Way

as per the provisions under Right of Way Policy 2000 (amended vide No.

2/286/1840 dated 08-10-2003) will be required to apply as per the new policy

within a period of 90 days from the notification of the new policy. They shall

be obliged to fulfil their part of the obligations under the old policy till such

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time they start their operations under this policy.

15. Changes in the Policy

This policy shall be suitably adjusted to accommodate any changes that may be

necessitated on account of any technology or regulatory changes which may be

introduced by the Department of Telecommunications, Government of India or

any other competent authority in order to keep this policy dynamically

responsive to changing technology, regulatory regime or any other unforeseen

developments.

16. Additional Corporate Social Responsibility (CSR) initiatives:

The competent authorities in the Municipal Areas or in respect of areas developed

by other State Agencies (e.g. HUDA, HSIIDC, HSAMB etc.) or the Gram Panchayats

may encourage and persuade the Communication Infrastructure Provider

Applicants to undertake some additional activities in furtherance of the principles

of Corporate Social Responsibility. However, any such initiatives may be mutually

agreed and decided, for which no coercive methods shall be applied. Some

illustrations of the CSR initiatives/ facilities are given in Appendix-4 of this policy.

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Appendix - 1

Documents to be attached with the Application

1. Documents to be submitted in all cases:-

1.1 Copy of registration as a Telecom Infrastructure provider with the Department

of Telecommunications, Government of India or a license granted by the

Department of Telecommunications, Government of India or an authorisation

from the licensee to lay the said infrastructure facilities on its behalf;

1.2 Two sets of the proposed route layout plan drawings clearly indicating the

locations of any Poles/ structures/ Boxes/ Towers/ GBMs etc. for which the

permission is being sought;

1.3 Time schedule (stretch-wise) for completion of the work and investment;

1.4 Indemnity bond to indemnify the Government/ Local Body/ Authority in the

prescribed format against (i) any liability for the damage caused to the

infrastructure laid by the applicant for any reasons, and (ii) claims against any

accidents on account of the infrastructure laid/ facilities installed or against

any claims thereafter during the period of Operation & Maintenance of such

infrastructure at all times;

1.5 Undertaking to pay all the applicable charges and the Performance Bank

Guarantee, as specified in the Schedule of Charges (Appendix-2) to the agency

according permission without any default;

1.6 Undertaking to maintain the infrastructure facilities in good and safe condition

at all times during the O&M period;

1.7 Undertaking to execute an Agreement with the competent authority;

1.8 Undertaking to re-lay/ re-align the communication network/ relocate the

poles/ dish antenna/ communication/ mobile tower/ ground based mast at its

own cost in the event of requirement of the area for augmentation of public

services e.g. widening of roads, pedestrian walkways, water supply and

distribution network, sewage/ drainage network etc.);

1.9 Undertaking to abide by the terms and conditions of grant of permission and

adherence to the radiation norms as prescribed by the Department of

Telecommunications, Government of India or the TRAI.

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2. Documents for laying underground Optic Fibre/ Co-axial Cables (in addition to those listed at Sr. No. 1 above):

2.1 Technology/ method proposed to be used for laying the cables (Horizontal

Directional Digging (HDD)/ Horizontal Boring methods/ Micro Trenching or

open digging) with preference for use of HDD/ Micro Trenching;

2.2 Specific area details (in sq. ft. or sq. mtrs.) required for any structures

(Manholes/ Boxes/ Towers/ GBMs etc.) for which land is proposed to be taken

on lease;

2.3 Dimensions (depth, length and width) of the area proposed to be used for

RoW/ RoU for laying the Optic fibre cables and other communication devices/

structures.

3. Documents for erection of Poles for overhead communication cables (subject to para 5.2 of the Policy) in addition to those listed at Sr. No. 1 above):

3.1 Specific area details (in sq. ft. or sq. mtrs.) required for erection of poles and

connection boxes for which land is proposed to be taken on lease;

3.2 Details marked on town map (i) proposed route (ii) no. of poles (iii) dimension

of poles (height, thickness/diameter), (iv) distance between each pole, and (v)

minimum ground clearance for the cable.

4. Documents for installation of Dish Antennas (in addition to those listed at Sr. No. 1 above) [does not include Dish Antennas installed under direct to home (DTH)]:

4.1 The proposed location of the dish antenna/ panel box/ dish/ inspection box/

connection box duly marked on town map.

4.2 Ownership document or lease deed of the site/ premises, on which dish

antenna is proposed to be set up. The lease agreement should be co-terminus

with the period for which the permission is being sought;

4.3 Structure safety certificate from the competent authority as prescribed;

5. Documents for erection of Ground Based Mast (GBM)/ Communication/ Mobile Tower (in addition to those listed at Sr. No. 1 above)

5.1 Copies of site plan indicating Specific area details (in sq. ft. or sq. mtrs.)

required for the Manholes, GBM/ Communication/ Mobile Towers (for which

land is proposed to be taken on lease), along with the dimensions in each case;

5.2 Location of the GBM/ Communication/ Mobile Tower duly marked on the route

map, preferably with GPS readings/values;

5.3 True copy of the approval/ clearance from the Standing Advisory Committee

for Frequency Allocation (SACFA) for the said location issued by Wireless

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Planning & Coordination (WPC) Wing of the Department of

Telecommunications, Government of India;

5.4 Ownership document or lease deed of the site, on which GBM/

Communication/ Mobile Tower is proposed to be set up. The lease agreement

should be co-terminus with the period for which the permission is being

sought;

5.5 True copy of permission from the Airport Authority of India or any defence

establishment in case the height of GBM/ Communication/ Mobile Towers

requires such approval/clearance;

5.6 If the communication/ mobile tower is to be erected on roof-top, copy of the

agreement with the owner of the building and structure safety certificate;

5.7 Two sets of the structural Drawings of towers with complete details including

the specifications of foundation, design parameters, dimensions and type of

construction along with a structural safety certificate;

5.8 Certificate of adherence to the radiation emission norms as prescribed by the

Department of Telecommunications, Government of India or any other

competent authority;

5.9 Data Sheet containing the name of the service/ Infrastructure provider;

5.10 In case of mobile tower, capacity of Towers or antenna in megawatt;

5.11 Undertaking that the generator sets installed at the communication/ mobile

towers sites/ moveable communication towers conform to the noise and

emission norms prescribed by the Haryana State Pollution Control Board;

5.12 Undertaking that the applicant has taken all precautions for fire safety,

lightening etc. and shall obtain necessary permission from the concerned Fire

Office of the area.

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Appendix - 2

Schedule of Charges

1. Reference has been made in this Schedule to different parts of the state

situated in different zones. The areas forming part of each zone are given

below for the purposes of clarity. The description of said zones may change

over time, as notified by the Town & Country Planning Department of the state

of Haryana.

Hyper Potential Zone

High Potential Zone Medium Potential Low Potential Other areas

Urban Areas in and around Gurgaon town including the Urban Areas declared by the Government for Gurgaon- Manesar Urban complex

Faridabad-Ballabgarh Complex, Panchkula, Kalka, Pinjore, Gwal Pahari-Balola Bandhwari Complex in Gurgaon District, Sonepat-Kundli Urban Complex, Panipat.

Karnal, Kurukshetra, Ambala City, Ambala Cantt, Yamuna Nagar, Bahadurgarh, Jagadhari, Hisar, Rohtak, Ganaur , Palwal, Hodal, Rewari, Dharuhera-Bawal and Oil Refinery Panipat.

All other urban areas in the State.

Rest of the state areas including all rural areas

2. Charges:

2.1 RoU/ RoW charges:

The charges for grant of permission for the RoU/ RoW for the Communication

infrastructure shall be payable at the rates given in table 2.1 below. These charges

shall be payable only one time for a period of up to 20 years or the period of license/

permission granted, whichever is lower. The Applicant Service Provider would be

required to pay such one-time charges afresh on completion of the period of initial

permission/ license/ or on completion of 20 years period, whichever is earlier, at the

rates applicable at such time.

2.1 Charges for permission to Right of Way/ Right of Use (in Rs.)

Areas of the state

Sr.

Purpose Hyper Potential Zone

High Potential Zone

Medium Potential Zone

Low Potential Zone

Other Areas including the rural areas

1

Laying of Underground OFC/ Co-axial Cables (per route meter)

100/- 80/- 65/- 50/- 30/-

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2.1 Charges for permission to Right of Way/ Right of Use (in Rs.)

Areas of the state

Sr.

Purpose Hyper Potential Zone

High Potential Zone


Low Potential Zone

Other Areas including the rural areas

2

Laying of overhead communication Cables using Poles (per route meter)

35/- 25/-

3

For every Pit dug-up, other than a man-hole with spacing of 100 mtrs. centre to centre. (in sq mtrs.)

900/- 750/- 600/- 500/- 300/-

4 Dish Antenna (other than Dish Antenna installed under DTH)

Rs. 5,000/ - per Dish Antenna

5

For every pole erected to lay overhead communication cables (per pole)

2000/- 1500/- 1500/- 1000/- 1000/-

6 Erection of Ground Based Masts (per site)

1,00,000/- 75,000/- 50,000/- 25,000/-

7 Erection of Mobile/ Communication Towers (per site)

2,50,000/- 2,00,000/- 1,50,000/- 1,00,000/-

8

In case Mobile/ Communication Towers are shared (per sharing)

75,000/- 50,000/- 50,000/- 25,000/-

9

Moveable communication towers mounted on vehicles (per such tower per month)

50,000/- 40,000/- 30,000/- 25,000/-

2.2 Annual Lease Charges:

2.2.1 The annual lease charges in respect of land area used for the construction of

manhole, erection of Dish Antenna/ Poles/ Ground Based Masts/ Mobile/

Communication Towers shall be as per Table 2.2 given below. The lease

charges, initially determined at the time of grant of permission, shall be

increased at the rate of 5% every year for a period up to 5 years. The Lease

Charges will be re-fixed after a period of 5 years for another block of 5 years

and so on and so forth with reference to the Circle Rates applicable at the

time. The Applicant shall also have the option of depositing the lease charges

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upfront on lump-sum basis for a period of five years calculated at the rates

determined initially without any escalation.

2.2 Annual Lease Charges/ Fees (in Rs./ per sq. mtr.)

Lease Charges Hyper Potential Zone

High Potential Zone


Low Potential Zone

Other Areas

1

As a percentage of the applicable Circle Rates of land

6% 6% 6% 6% 6%

2.2.2 The above prescribed lease charges shall be applicable only in respect of the

land owned by the Government Departments/ Urban Local Bodies/ Gram

Panchayats/ Statutory Authorities and other state agencies. Wherever the

Applicant service provider/ infrastructure provider proposes to use privately

owned land for the said purpose, no lease charges shall be payable to the

concerned agencies to that extent and the lease agreements/ charges shall be

decided/ settled mutually between the parties. The competent Authority would

only ask for the lease agreements between the parties in such cases.

2.3 Performance Bank Guarantee (PBG):

The applicant shall furnish a refundable Performance Bank Guarantee (PBG)

towards security for restoration of the sites dug/ used in the process of execution of

works. The BG shall be valid for a period of six months over and above the completion

period and would have to be renewed accordingly in the event of grant of extension of

execution period. The competent authority shall discharge the BG on satisfactory

restoration of the area. The PBG shall be furnished at the following rates:

Performance Bank Guarantee against restoration works (Rs. per route meter)

Performance Bank Guarantee

Cement Concrete Roads/ Pavements

Cement Concrete Paver Blocks

Metalled Roads/ Pavements

Unpaved (Kutcha) Roads/ Rastas

Others

1 Micro Trenching Method 50/- 50/- 30/- NA 20/-

2

Horizontal Directional Drilling Method/ Horizontal Boring Method

100/- 100/- 100/- 100/- 100/-

3 Open Digging Method Not Allowed

Not allowed

Not Allowed 500/-

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2.3.1 The amount for performance Bank Guarantee against restoration shall be

reviewed every five years.

2.3.2 The performance Bank Guarantee, as a security against satisfactory restoration

of sites, shall be valid for a period of six months over and above the project

completion period. In case of time-over runs for completion of the works, the

Bank Guarantee shall be renewed/ got extended by the Applicant

corresponding to the revised completion period + 6months. The Applicant

shall obtain formal permission for time-extension from the competent

authority.

2.3.3 The Applicant shall report satisfactory completion of restoration of related

work sites, which shall be visited/ ascertained by a representative of the State

Government Department/ Agency within a period of 15 days of such report.

Thereafter, the Bank Guarantee shall be discharged to the Applicant within 15

days from the date of inspection thereof or 30 days of submission of the

request subject to such restoration works having been carried out to the

satisfaction of the said authority.

2.3.4 The Applicant may provide the PBG, as applicable for a stretch over which the

work is proposed to be undertaken and roll the same over to each of the

subsequent stretches, subject to the validity of such PBG for the period of

execution + 6 months.

2.3.5 In case the work contemplated by the Applicant is not completed to the

satisfaction of the concerned Government Department/ Statutory Authority/

State Agency granting the permission, the Competent Authority may extend

the completion period as deemed appropriate, along with extension in Bank

Guarantee. Where the Applicant fails to meet his performance obligations in

this behalf within the agreed time-frame, the Competent Authority may en-

cash the Bank Guarantee and undertake restoration of the site on its own at

the risk and cost of the Applicant.

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Appendix -3

1. Location of Ground Based Masts (GBM) / Communication / Mobile Towers

The location of GBM/ Communication/ Mobile towers is important in view of

any likely adverse impact of radiation on human health. Accordingly, it is important

that the infrastructure installed conforms to the radiation and safety norms prescribed

by the Department of Telecom, Government of India or the TRAI or any other

competent authority in this behalf at all times. Further, the location thereof shall be

governed by radio-frequency system adopted by the applicant and shall be allowed

subject to the following conditions namely:-

1.1 Location of GBM/ Towers should be avoided in thickly populated residential

areas in so far as feasible. In case it becomes absolutely unavoidable to do so,

efforts should be made to install these structures in the open spaces such as

the Parks or Green belts available in the residential sectors or open spaces/

fields in rural areas maintaining a safe distance of about 50 meters from the

residential areas;

1.2 Wherever it is critical to install these communication towers in the populated

residential areas to maintain the communication services and no open spaces

are available, the infrastructure provider should use Micro Cell based stations

where there are high number of users;

1.3 The GBMs/ Communication/ Mobile towers may be installed in the

Commercial, Industrial, Institutional zones or in the open areas (except set-

back area of the buildings) within the Commercial, Industrial, Institutional sites

and fields outside the populated areas;

1.4 In the case of roof-top mobile/ communication towers with multiple antennas,

the roof top usage is desirable to be restricted in the residential areas.

However, the permission to install a mobile/communication tower may be

allowed on the roof-tops of commercial or institutional buildings subject to

Structural Safety Certificates as issued by the designated institutes specified in

this policy.

1.5 The State Government Departments/ Statutory Authorities/ State Agencies

should endeavour to explore the possibility of identifying suitable spaces within

their premises or land as found suitable by the infrastructure provider for the

installation of the GBMs/ Mobile/ communication Towers. The space for such

facilities will be made available to the Applicant/ Service Provider on lease

basis in accordance with this policy within a period of one month from the date

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of application, failing which the Applicant shall be free to install the said

structures at alternate locations/ sites identified by them, subject to the

conditions laid down in this policy.

1.6 All the above conditions pertaining to the location of Towers shall also be

applicable to the Moveable Communication Towers.

2. Technical parameters to be followed by the Infrastructure/ Service

Providers while laying the cables (over-ground and underground), erection and installation of Poles/ Dish Antennas / Ground Based Masts/ Mobile & Communication Towers.

2.1 Laying of underground cables:-

2.1.1 The Applicant shall undertake communication infrastructure works in a manner

so as to cause least public inconvenience. He would be expected to suitably

cordon-off the area to ensure public safety and encouraged to execute the

works during off-peak times so as to cause minimum inconvenience to the

public traffic. The Applicant shall restore the dug up area/ sites to their

original condition simultaneously, clear the area of any unused earth/ debris,

and dispose off such debris/ earth at the sites away from the work site as

permitted by the competent authority and to the satisfaction of the concerned

authority.

2.1.2 The applicant shall carry out Ground penetration/ probing Radar survey for

detection of existing utilities/ services along the route where the cable is

proposed to be laid. The data collected in respect of existing utility services

through this survey would be unconditionally shared with the concerned

Government Department/ Statutory Authority/ State Agency free of any

charge;

2.1.3 As far as possible, the Applicant should carry out the work by using Micro

Trenching/ Horizontal Directional Digging (HDD) techniques or Horizontal

boring methods so as to minimize the damage and to cause minimum

inconvenience to public;

2.1.4 The cable shall ordinarily be laid at the edge of the Right of Way or as

permitted/ approved by the competent authority. In case of restricted width of

the Right of Way, which may be adequate only to accommodate the

carriageways, central verge, shoulders, slopes of embankment and drains, the

cables shall be laid beyond the toe-line of the embankments and clear of the

drain. Wherever it is found that it is not feasible to lay the cable without

adversely impacting the existing utilities/ services, the permission may be

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declined;

2.1.5 The top of the casing/ conduit pipe containing the cables shall be at least 1.5

meters below the top surface subject to at least 0.3 m below the drain inverts;

2.1.6 Pits of 2 mtrs x 2 mtrs and 1.5 mtrs deep, or of lower size shall be made at a

distance of 100 mtrs, centre-to-centre, for laying cables. However, in case of

special site conditions, variable depth/ dimensions may be permitted

depending on the site conditions;

2.1.7 Route markers shall be fixed, preferably in steel or concrete, along the route

at an interval of 300 mtrs with clear marking of the ownership and depth of the

cable laid.

2.2 Erection of poles for overhead communication cables:-

2.2.1 Permission to lay Overhead cables shall be restricted in terms of para 5.2 of

the Policy;

2.2.2 The electric poles/towers etc. of Power utilities shall not be allowed to lay

overhead communication cables;

2.2.3 Wherever, it is not feasible to avoid laying of overhead cables, the applicant

shall take all precautionary measures to maintain the ecosystem and aesthetics

of that area.

2.2.4 The height of the pole shall be such that it does not interfere with the electric

cables/ distribution transmission system and minimum distance between two

poles would be forty meters;

2.2.5 Subject to availability, a maximum 1mtr x 1mtr space shall be made available

for erection of the pole at a minimum distance of 300mm from the edge of the

walkway of road (road berm) as the case may be and should be installed in

cement-concrete foundation;

2.2.6 The sag of cable should be such that it does not interfere with the movement

of vehicles at any crossing or movement of public transport/ traffic.

2.3 Dish antennas:-

No person (other than Dish Antenna installed under DTH) shall install or

operate cable head-end, dish antenna, dish or any other mode for originating

and communicating cable services and cable modem services to subscribers

unless he has obtained permission in this regard from the concerned authority

of the State Govt department/statutory authority/state agency;

2.4 Ground based Masts:-

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The maximum height of Ground Based Mast shall not exceed 30 mtrs. from the

adjoining ground level and distance between two masts shall be maintained at

a distance of not less than 150 meters in line of sight to the extent feasible.

2.5 Mobile/ Communication towers:-

The height of the Mobile/communication Tower from the adjoining ground

level shall not exceed 75 mtrs. subject to clearance from the defence and civil

aviation authorities. Erection of the mobile/ communication towers should be

avoided in narrow lanes (≤ 5 mtrs). However, in the case of moveable

communication towers, the maximum permissible height shall be 21 mtrs.

3. Other terms and conditions to be adhered by the Applicant Service Provider while laying the cables (over-ground and underground), erection of Poles / Dish Antennas / Ground Based Masts/ Mobile/ Communication Towers.

3.1 The terms and conditions/ guidelines issued/ notified by the Department of

Telecommunications, Government of India in respect of any conditions

applicable to the Infrastructure providers or licensees, as amended from to

time, shall be applicable and binding in all cases;

3.2 The permission to lay underground/ over-head communication/ connectivity

infrastructure will not be granted, where it causes disruption of public services

and facilities, obstruction/ hindrance to the pedestrian movement or vehicular

traffic. The principle of public convenience and safety shall over-ride all other

considerations. However, the Competent authority may grant permission in

cases of extreme criticality only if the Applicant offers to suitably adjust and/

or realign such services at his own cost without any adverse impact on the

public services to the satisfaction of the competent authority;

3.3 In the case of GBM/ Mobile/ Communication Towers, permission shall not be

granted, if any building is found in front of the Antenna within the safe

distance in mtrs. as mentioned below:-

Sr. No

No of multiple antennas

Building /structure distance from the antenna (safe distance in mtrs.

1. 2 35 2. 4 45 3. 6 55 4. 8 65 5. 10 70 6. 12 75

3.4 The Applicant, to whom permission for installation of GBM/ Mobile/

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communication towers has been granted, shall be responsible to get the

required technical safety checks of the GBM/ Mobile/ Communication towers

from the designated institute and will submit the report to the competent

authority;

3.5 The Applicant Service Provider must get the radiation levels checked at regular

intervals during the O&M period from any competent authority and submit the

conformance reports to the concerned authority. In the absence of such

reports, the Competent Authority may ask for such Tests at the costs of the

Applicant. Non-compliance with the radiation emission standards shall attract

penalties as prescribed by the DoT, GoI from time to time.

3.6 The Applicant, to whom permission has been granted for setting up of GBM/

Mobile/ communication towers, shall be solely responsible for any damage to

the building, adjoining buildings and for the public safety;

3.7 Lightening arresters provided at the top of the GBM/mobile/communication

Tower, shall be of adequate height so that all protruding antennas hoisted on

the mast are protected within its conical safety zone;

3.8 Aviation warning lights installed at the top of the GBM/Mobile/Communication

Towers shall be as per International Civil Aviation Organisation’s guideline and

should be checked regularly for good operating conditions;

3.9 The earth resistance of the GBM/ Mobile/ Communication towers should be

maintained within the prescribed range and should be checked periodically

every year;

3.10 The Applicant to whom the permission has been granted for setting up of

communication infrastructure other than the GBM/Mobile/Communication

Tower shall also be responsible to get the required checks of such

communication infrastructure at regular intervals from any Government

approved agency and will submit the report to the competent authority;

3.11 The optic fibre cable/ communication cables shall not be brought into use by

the Applicant unless a completion certificate is obtained to the effect that the

Telecom cables/ ducts/ manholes have been laid in accordance with the

approved specifications and drawings and the pits have been filled-up to the

satisfaction of the concerned Authority;

3.12 In case any shifting or change in alignment of the already laid optic fibre

cable/ other communication cables/ ground based masts/ mobile/

communication towers is necessitated due to widening of roads/ construction

of flyovers or public buildings, the Applicant shall be bound to do the same at

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his own cost within the period specified by the respective authority. If the

Applicant fails to comply with this condition to the satisfaction of the

Authority, the same shall be got executed by the Authority at the risk and cost

of the Applicant. The charges so incurred on this account shall be recoverable

from the Applicant;

3.13 In order to avoid repeated digging on the same routes, the Applicant may

voluntarily lay extra ducts /conduits with redundant capacity so as to take care

of any future needs. However, the creation of excess capacity shall not be a

pre-condition for giving right of way permission;

3.14 The Applicant shall ensure safety and security of all underground installations/

utilities/ facilities and shall be solely responsible for compensation/

indemnification of concerned authority for damage caused/ claims or

replacements sought for at the cost and risk of Applicant to the concerned

authority;

3.15 The extent of the digging trenches should be strictly regulated so that the

cables are laid and trenches are filled up before the close of the work for that

day. Filling should be to the satisfaction of the concerned agency designated by

the department/statutory body;

3.16 The applicant shall not undertake any work of shifting, repair or alterations to

the said cables /communication cables without the prior permission of the

concerned authorities in writing. The Applicant shall be liable to give a notice

of 15 days with route/ location details prior to digging for fresh/ maintenance/

repair works;

3.17 The Applicant shall be advised to obtain insurance cover from an IRDA

approved insurance company against damages to the existing cables/

underground installations etc. during digging;

3.18 The applicant shall make his own arrangement for crossing of cross drainage

structures, rivers, etc, below the bed. In case, this is not feasible, the cables/

ducts may be carried outside the railings/parapets and supported on brackets

fixed to the outside of the bridge super-structure. The fixing and supporting

arrangement with all details shall be got approved in advance from the

concerned Authority granting such permission. Additional cost on account of

fixing and supporting arrangement, as assessed by the Authority, shall be

payable by the Applicant. If the Applicant fails to comply with this condition to

the satisfaction of the Authority, the same shall be got executed by the

Authority at the risk and cost of the Applicant and the cost so incurred on this

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account shall be recoverable from the applicant;

3.19 In case of any damage to the essential services i.e. water supply, sewerage

system and telecommunication lines, electricity supply etc, it will be the

responsibility of the company to get the services restored to their original and

satisfactory condition at its own cost;

3.20 Concerned Authority / Department shall not be responsible for any damage to

Optic Fibre cable and resultant losses, if any, during performance of official

duties by any employee of concerned Authority / Department;

3.21 The Applicant shall have to provide barricading, danger lighting and other

necessary caution boards, danger lights while executing the works;

3.22 If any traffic diversion works are found necessary during the working period,

such diversion shall be provided by the Applicant at his cost;

3.23 The concerned authority will be competent to effect an modification/

alterations in the site plan/ route, if necessary, in the interest of public safety;

3.24 The structures/cables shall not be sub-let without the permission of the

Concerned Authority;

3.25 The applicant shall have to abide by all the terms & conditions laid in this

Policy for provision of Infrastructure for communication & connectivity In

Haryana;

3.26 Any dispute arising between the signatories to an agreement under this policy

shall be settled /resolved in accordance with the procedures outlined in the

Agreement i.e. all the disputes will be settled at Chandigarh. In case of breach

of any of the clauses of the Agreement, the competent authority will be

entitled to terminate the contract after giving a show cause notice of 15 days.

An officer of the rank of Administrative Secretary, (to be nominated by the

Government of Haryana) and a representative (to be nominated by the

Applicant) will act as Arbitrators to whom the dispute will be referred and the

decision of the Arbitrators will be final and binding on both parties.

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Appendix - 4

An illustrative list of additional facilities as part of the

CSR

Development and maintenance of public parks/roundabouts within the

jurisdiction of the Urban Local Bodies/ areas developed by state agencies/

Gram Panchayats, where the services are rolled out. In such cases, the

concerned department/ authority/ agency shall permit the Infrastructure

Provider to display its Board/ credit for the same as mutually decided/ agreed;

Free-of-charge use of Poles erected by the Infrastructure Provider for provision

of street lights/ LED Solar lights on the Poles (with or without supply of the

fixtures) for provision of the facility of street lighting in a defined area.

Provision of bandwidth/ internet connectivity, free or at discounted rates, to

the local authority for its office and other Community Service Centers, by

whatever name called, for e-delivery of citizen services;

Provide computing hardware (two desktops of latest configuration with laser

printer, webcam, head phone and mike, computer furniture, online UPS etc.)

for at least 10 Village Information Centers/ Citizen Service Centers in the area

where the applicant rolls out its services.

Sponsorship of certain number of Community Service Centers for e-delivery of

citizen services for a particular period;

Establishment of training/ skill development facilities and operation &

management of such Skill Development Centres for an agreed period for

capacity building for the low income groups for improving their employability.

Free-of-cost supply and installation of surveillance cameras on the towers to

be put up on public land. These cameras shall be connected to the designated

police control rooms in the cities and the connectivity may be provided free of

cost or at a discounted price for the agreed period.

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